Overview of the DUI Process in PA – MPL Law Firm

PA Blood Alcohol Content (BAC) Limit

PA Act 24 of 2003 lowered the legal BAC limit for DUI from 0.10 to 0.08. This act also created a tier when it comes to penalties and enforcement of DUI convictions.

The tiers are determined by BAC and prior convictions. There are also more provisions of treatment especially for first-time offenders, thereby changing the focus from strictly punishment. This law increased the penalties for first-time offenders. The levels are as follows:

  • General impairment — 0.08-0.099% BAC
  • High BAC — 0.10-0.159% BAC
  • Highest BAC — 0.16% and above

What Happens If You Get a DUI in PA?

Once a police officer in Pennsylvania stops you under suspicion of DUI, they may arrest you if they have probable cause to believe you were intoxicated at the time of driving. After the arrest, they will take you back to the police station, where you have the option of taking a blood, breath or urine test.

When the person arrested opts for a blood test, they must be taken to a hospital or clinic where a phlebotomist will need to draw blood. The blood test will take approximately three weeks to return. Police officers usually don’t ask the driver to provide urine tests unless there is a suspicion of driving under the influence of drugs in addition to alcohol. It is important to note the driver who has been arrested does not have the right to refuse a blood, breath or urine test.

Most of the time police officers don’t file a complaint, or document that issues the charges against the arrested driver until the blood results are received, unless it is a second or subsequent offense. After the filing of the complaint, a preliminary hearing will be scheduled.

If, for some reason, the results of the blood or urine tests are not available prior to the preliminary hearing, the driver can ask for a continuance as there is no point in holding the preliminary hearing without those results.

What Happens at A Preliminary Hearing for DUI?

So you may be thinking, “I got a DUI, what now?” Prior to the preliminary hearing, the arrested driver or their attorney will have the chance to speak with the arresting officer to see if they are willing to reduce the charges. The arrested driver or their attorney will likely be able to obtain the blood or urine test results from the arresting officer prior to the preliminary hearing.

The preliminary hearing provides the driver with the opportunity to cross-examine the officer and any witnesses who the prosecution present at the hearing. The preliminary hearing is held at a magisterial district court before a magisterial district judge. The burden of proof on the prosecutor at the preliminary hearing stage is much lower than at the trial stage.

At the preliminary hearing, the prosecutor must only establish there was justification for the charges filed in the complaint. At the trial stage, the prosecutor needs to show the evidence is sufficient to convict the accused beyond a reasonable doubt. It is important to note even if the case is bound over for trial at the preliminary hearing stage, a driver will not lose their license at this stage in the judicial process. Only PennDOT has the ability to revoke your license.

Criminal Court in Pennsylvania

Assuming the magistrate decides that there is enough evidence to send your case to trial, the judge will schedule a formal arraignment in the Court of Common Pleas. At the time of the formal arraignment, the judge will be apprised of several things, such as whether there is the possibility of a plea agreement or whether there is a delay in the case.

If the case is bound over for trial and no plea agreement is reached, the driver will then go to trial. It is possible to be convicted or to plead guilty. If you plead guilty at this stage, you may be wondering what comes now with a DUI conviction. The next steps are:

  • You will have to pay for an evaluation, which will show whether or not you have an alcohol abuse problem.
  • You will need to attend an alcohol highway safety school, which has a mandatory time of at least 12 hours.
  • After the evaluation, sentencing is scheduled. This includes the mandatory minimum fine as well as jail time for repeat offenders.
  • You will also have your license suspended.

First Offense DUI in PA

Penalties are determined by the BAC and the number of times the person has committed a DUI offense.
The lowest level of BAC is between 0.08 and 0.099%, which is considered general impairment. A high BAC is between 0.10-0.159%. And the highest BAC is 0.16% and higher. Keep in mind:

  • Administrative penalties for a first-time DUI offender in Pennsylvania do not include any mandatory minimums for general impairment. An offender may incur a $300 fine, alcohol highway safety school, and treatment when ordered. For this lowest tier, there is no license suspension.
  • The administrative penalty increases to one year of license suspension for a high BAC. Fines range from $500-$5,000. There is also a requirement to attend an alcohol highway safety school and treatment if court ordered.
  • For the high and highest BAC tiers, the administrative penalty is a license suspension for one year with the possibility for the suspension of hardship/occupational licenses to be restricted except for the last ten months. Fines are between $1,000-$5,000. Attendance at alcohol highway safety school is also required, as is treatment if court ordered.
  • A refusal to submit to testing under the implied consent laws has the penalty of a one-year suspension.
  • Criminal penalties include fines and the possibility of incarceration. For general impairment, there is no minimum for incarceration. However, there is a requirement for six months of probation.
  • For a high BAC, there is a mandatory minimum of jail time for two days with a maximum of six months.
  • With the highest BAC, there is a minimum of three days in jail and can be as much as six months.
  • Prior convictions will remain on the offender’s record for ten years.
  • Minors, commercial drivers, bus drivers, school vehicle drivers and those involved in an accident where property damage occurs or where someone is injured are subject to the same penalties as those offenders with the highest BAC even if their BAC is not in the highest category. This penalty will apply to those who also refuse BAC testing.

DUI Penalties for Second Offense

When you receive a second offense, DUI penalties may include:

  • Administrative penalties include 12 months of license suspension for general impairment. There are also fines between $300 and $2,500, alcohol safety school, treatment if court ordered, and one-year ignition interlock.
  • For a high BAC, the administrative penalties include a 12-month suspension, fines between $750 and $5,000, alcohol highway safety school, treatment if court ordered, and a one-year ignition interlock.
  • For the highest BAC or use of a controlled substance, the administrative penalties are an 18-month license suspension, alcohol highway safety school, court-ordered treatment, and one-year ignition interlock.
  • Criminal penalties for a low BAC include 5 days to six months in jail.
  • For a high BAC, the criminal penalty is 30 days to six months in jail.
  • The penalty for the highest BAC is between 90 days to five years in prison.

DUI Penalties for Two Prior DUI Offenses

When you have two previous DUI offenses, penalties may include:

  • Administrative penalties for general impairment include a twelve-month license suspension, treatment when court ordered, a fine between $500 and $5,000, and a one-year ignition interlock.
  • A high BAC will garner administrative penalties of an 18-month license suspension, a fine between $1,500 and $10,000, treatment when ordered, and a one-year ignition lock.
  • The highest BAC includes administrative penalties of an 18-month license suspension, fines between $2,500 and $10,000, treatment if court ordered, and a one-year ignition interlock.
  • Criminal penalties for general impairment include between ten days to two years in prison.
  • High BAC criminal penalties may mean incarceration for between 90 days to five years.
  • The highest BAC criminal penalties mean the accused may serve between one and five years in prison.

DUI Penalties for Third Offenses

There is only one level where the delineation changes from two or more prior DUI offenses to three or more prior DUI offenses, and that is at the high BAC level. At that level, the only difference between two prior DUI offenses and three or more is the prison time increases to one to five years rather than 90 days to five years, which is required for drivers with two prior DUI offenses. All the administrative penalties remain the same.

Underage DUI in PA

Drivers under 21 do not need a BAC of 0.08% to be arrested for drunk driving. Their BAC only needs to be 0.02% for them to be arrested for DUI. Furthermore, underage persons who are arrested for drunk driving also face additional penalties. These penalties include fines up to $500, charges for underage drinking, and charges for carrying false IDs.

Alternatives to Traditional Sentencing

Accelerated Rehabilitation Disposition or A.R.D., is a method of receiving reduced sentences and fines. Additionally, A.R.D. allows for PennDOT to expunge A.R.D. records after a period of ten years as long as the person’s driving privileges weren’t revoked because they were considered a habitual offender. The driver must not have been a commercial driver when they were charged with the DUI.

A driver is eligible for the A.R.D. program if it is the first time they have been placed in the program. Furthermore, they must not have killed or seriously injured anyone during their DUI. And they can’t have been charged with other serious vehicle violations when they received the DUI charges.

A.R.D. requires certain conditions and may cost at least $1,500, which doesn’t include court costs and attorney fees.

The conditions are as follows:

  • Adhere to the conditions of probation.
  • Receive a license suspension between one and twelve months.
  • Pay and attend alcohol and highway safety school.
  • Pay court costs.
  • Follow any other conditions imposed by the court such as additional treatment.

(Credit to MPL Law Firm)

PennDOT Announces Highway Safety Survey

FOR IMMEDIATE RELEASE
February 2, 2023

Survey available through February 28

Harrisburg, PA – The Pennsylvania Department of Transportation (PennDOT) is seeking public input on traffic safety and driving behaviors through its online survey found at www.PennDOT.pa.gov/Safety.

“In 2021, 1,230 people died on Pennsylvania roadways. Many of these deaths could have been prevented simply by buckling up, slowing down, paying attention, and driving sober,” said PennDOT Acting Secretary Mike Carroll. “The results from this survey help us better understand the public’s attitude on highway safety, and potentially allow us to adjust our efforts to reduce crashes and fatalities.”

The survey is available on PennDOT’s website through February 28 and should take about five minutes to complete. All responses are completely anonymous.

PennDOT partners with educational and enforcement grantees to deliver programming each year to help prevent crashes, fatalities, and injuries on our roadways. This survey seeks information on motorists’ behavior behind the wheel to help inform program planning. This voluntary survey covers several topics including seat belt use, impaired driving, speeding, distracted driving, as well as bicycle, pedestrian, and motorcycle safety.

The survey was first implemented in 2010 as a requirement for federal funding. Though no longer required, the survey helps PennDOT better understand participants’ attitudes on highway safety and potentially allows us to adjust safety activities as we work to reduce crashes and fatalities.

PennDOT focuses on data trends to drive enforcement and education improvements and invests more than $25 million annually in federal grant funds statewide to support behavioral safety programs.

For more information on PennDOT’s highway safety efforts visit, www.PennDOT.pa.gov/safety.

For more information on traffic crashes, fatalities, and injuries, visit the Pennsylvania Crash Information Tool.

For more information on PennDOT’s plan to reduce fatalities and serious injuries on our roadways, read the Pennsylvania Strategic Highway Safety Plan.

PennDOT’s media center offers social-media-sized graphics highlighting topics such as impaired driving, speeding, distracted driving, and seat belts for organizations, community groups, or others who share safety information with their stakeholders.

The public can join the conversation on social media using the hashtag #BeSafePA. Follow PennDOT on Twitter and like the department on Facebook and Instagram.

MEDIA CONTACT: Jennifer Kuntch, 717-705-1551 or jkuntch@pa.gov

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PennDOT Survey Seeks Pennsylvanians’ Feedback on Automated Vehicles

Harrisburg, PA – On behalf of Pennsylvania’s Highly Automated Vehicle (HAV) Advisory Committee, the Pennsylvania Department of Transportation (PennDOT) today announced the launch of a survey designed to gain an understanding of Pennsylvanians’ perceptions and knowledge of automated vehicles.

The HAV Advisory Committee was established by Act 117 of 2018 and is a partnership between public and private key stakeholders that has the power to advise and consult the Secretary of Transportation on each aspect of connected and highly automated vehicles. This includes developing technical guidance, evaluating best practices, and reviewing existing laws, regulations, and policies.

The committee is making strides in preparing for this transformational technology, and seeks to gauge Pennsylvanians’ understanding of the technology, level of comfort and expectations.

“Automated vehicle technology is rapidly advancing, and many features are already available in newer vehicles,” said PennDOT Secretary Yassmin Gramian. “It is important that the department understands how Pennsylvanians feel about this technology, to help us shape our education and communication focus going forward.”

The survey is available at this link, and takes and takes less than 10 minutes to complete.

For more information on PennDOT’s efforts in the realm of automated vehicles visit the Automated Vehicles page on PennDOT’s website. 

Subscribe to statewide PennDOT news and traffic alerts at www.penndot.gov/news or choose a region under “Regional Offices.” Information about the state’s infrastructure and results the department is delivering for Pennsylvanians can be found at www.penndot.gov/results. Find PennDOT’s planned and active construction projects at www.projects.penndot.gov.

Drivers holding cell phones behind the wheel are a danger to everyone | Opinion

By Rep. Rosemary Brown

As a parent and legislator, I have strived to continue shedding light on the importance of roadway safety, especially distracted driving, not only to my children but to all Pennsylvanians. One of the most common forms of distracted driving that we witness every day is the use of cellphones behind the wheel. I can’t tell you how many times I have been on the road and have seen drivers texting, talking or taking their picture while driving – it’s a daily occurrence.

Read the Full Article at pennlive.com »

Pennsylvania’s Move Over Law Effective April 27, 2021

AmbulancePennsylvania’s new Move Over law becomes effective April 27th. Below are two information sheets about the new law.

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New Move Over Law signed by Governor Wolf

This legislation would amend Title 75 to strengthen the Steer Clear Law by adding “Failure to move over in an emergency response area” to the list of assessed points of scheduled offenses. This legislation would also allow a person to pass in an emergency response area – if passing in a non-adjacent lane is illegal or unsafe – no more than 20 miles per hour less than the posted speed limit, with increased penalties for this violation. Additionally, n. This bill would also be renamed the “Move Over Law”.

This legislation will take effect on 4/27/2021

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REAL ID Pre-Verification through eGov

Beginning March 1, 2018, PennDOT customers who received their FIRST learner’s permit, driver’s license or photo ID AFTER September 2003 will be sent a postcard inviting them to apply for REAL ID pre-verification on PennDOT’s Driver and Vehicle Services website, www.dmv.pa.gov.

As an online messenger for PennDOT, you may guide your customers through the pre-verification process using the eGov website, and submit a pre-verification request on a customer’s behalf. When a pre-verification request is submitted on the customer’s behalf, PennDOT staff will review the customer’s record and determine whether the required REAL ID documentation is already on file with the department.  Please find screenshots and a walk-through of the web-based transaction accompanying this memo, as well as frequently asked questions regarding REAL ID online pre-verification.

Additionally, if your customers would prefer to apply for pre-verification using a paper form, they may use form DL-60RID, which is available for download from our website.

We have also attached a sample of PennDOT’s new REAL ID informational brochure. This brochure is available for download on our website, and may be printed and made available to customers.

Additional content is available on PennDOT’s online media center, which can be reached by visiting PennDOT’s main website, www.penndot.gov, scrolling down to the gray footer, clicking on “Connect with Us,” then “Media Center.” On the media center page, click on the blue “REAL ID” button. There you will find web graphics, suggested social media posts and downloadable PDFs of the REAL ID brochure and a printable document checklist.

For additional information about REAL ID in Pennsylvania, please visit www.PennDOT.gov/REALID. Please contact Eric Alsvan at 717-346-0986 or ealsvan@pa.gov with any questions.

Thank you for your continued partnership.

REAL ID Pre-Verification FAQ
Click here to download the document in PDF Format (requires Free Adobe Reader)

REAL ID in Pennsylvania Brochure
Click here to download the document in PDF Format (requires Free Adobe Reader)

REAL ID Screen Mockups
Click here to download the document in PDF Format (requires Free Adobe Reader)

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Special Organization Plate Contact Information

Special Organization Plate Contact Information, updated 1/22/18

Download the document (PDF)

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REAL ID Document Checklist and Fact Sheet

PennDOT has provided the following documents regarding REAL ID:

 

Taxable and Non-Taxable Bill of Sale Items

Vehicle Bill of Sale – Taxable items to include in the purchase price for calculating sales tax:

  • Extended Service Contracts
  • Extended Warranty
  • Dealer Processing Charge – (dealer prep)
  • Freight Charge
  • Lojack – theft recovery system
  • Rust preventative or Undercoat
  • Paint Sealant
  • Splash Guards
  • Moon Roof
  • Wheel locks

Vehicle Bill of Sale – Non-Taxable items that should not be included in the purchase price for calculating sales tax:

  • Title fee
  • License fee
  • Registration fee
  • Filing fee
  • Lien Filing fee
  • Temporary Tag Fee
  • Document Prep Fee
  • Credit, Life and Disability
  • Balance owed on trade-in vehicle
  • GAP Insurance

Department of Transportation Directory

A PA Department of Transportation directory is now available for reference:

Download the Department of Transportation Directory in PDF Format.

2018 Documentary Fee – Increase Announcement

The Consumer Price Index (CPI) was announced today, January 12, 2018, increasing the maximum documentary fee to $118 for processing title work manually ($141 if dealers perform on-line registrations with an on-line provider such as Dealertrack.) 

The increase is effective immediately.

The documentary fee:

  • is non-taxable;
  • may be excluded from a dealer’s advertised price for the sale of a vehicle;
  • is a negotiable item, so the actual dollar amount may not be pre-printed on the buyer’s  order;      
  • is a dealer-imposed charge, not a state-mandated fee; and
  • must be disclosed on a sign in the dealership.

The documentary fee is adjusted annually in accordance with the Federal Consumer Price Index (CPI). If a dealership’s documentary fee exceeds the permissible charge, the Attorney General’s Office may consider it to be deceptive, as to what services are being performed, and may find it subject to enforcement action. 

D-E-F-Y Plate Reissuance Training

Attached are the training slides for the D-E-F-Y plate reissuance that will start on January 22, 2018.

Please train all your employee on this process by the start date.

If you have any questions, or would like a webinar to review the training, please let us know.

Training Slides
Click here to download this document in PDF format.

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PA Bridge Information

See the following links for bridge information:

PennDOT Urges Drivers to Use Caution During Winter Weather

FOR IMMEDIATE RELEASE
December 6, 2017

Oil City, PA – Winter weather with the potential for snow squalls and gusty winds is in the forecast for areas of northwestern Pennsylvania over the next few days.

The Pennsylvania Department of Transportation (PennDOT) recommends motorists avoid traveling during winter storms if possible, but motorists who must be on the road are urged to use caution while driving.

Sudden and heavy snow squalls are one of the biggest challenges that motorists, including PennDOT plow truck drivers, face during the winter; and motorists need to be alert for sudden squalls that can quickly cause roads to become snow covered.

Heavy squalls can also cause whiteout conditions that can greatly restrict or virtually eliminate a driver’s visibility.

If motorists do encounter snow squalls while traveling, PennDOT offers this advice:

  • Slow down gradually and drive at a speed that suits the conditions.
  • Turn on your headlights.
  • Stay in your lane.
  • Increase your following distance.
  • Stay alert, keep looking as far ahead as possible and be patient.
  • Reduce in-car distractions since your full attention is required.
  • Use defroster and wipers.
  • Keep windows and mirrors free of snow and ice.
  • During whiteouts, come to a complete stop only when you can safely get as far off the road as possible or when there is a safe area to do so.
  • Do not stop in the flow of traffic since this could create a chain-reaction collision.
  • Do not pass a vehicle moving slowly or speed up to get away from a vehicle that is following too closely.
  • Always buckle up and never drink and drive.

Meanwhile, PennDOT is prepared for the expected storm, with plow trucks and other equipment ready. Salt, anti-skid and other materials are in good supply. Crews will be working around the clock if necessary to keep the roads safe and passable.

Motorists are reminded that roadways will not be free of snow while precipitation is falling. With freezing temperatures, roads that look wet may actually be icy, and extra caution is needed when approaching bridges and highway ramps where ice can form without warning. Motorists should leave plenty of space – six car lengths — when following a truck that is plowing or spreading winter materials.

While PennDOT recommends not traveling during winter storms, motorists can check conditions on more than 40,000 roadway miles by visiting www.511PA.com. 511PA, which is free and available 24 hours a day, provides traffic delay warnings, weather forecasts, traffic speed information and access to more than 825 traffic cameras.

511PA is also available through a smartphone application for iPhone and Android devices, by calling 5-1-1, or by following regional Twitter alerts accessible on the 511PA website.

PennDOT reminds motorists to pack an emergency kit for their vehicles. A basic kit should include non-perishable food, water, blanket, small shovel and warm clothes. When preparing an emergency kit, motorists should take into account special needs of passengers such as baby food, pet supplies or medications and pack accordingly.

PennDOT also reminds citizens that downloadable materials, including home and car emergency kit checklists and emergency plan templates, are available at www.ReadyPA.org or by calling 1-888-9-READYPA. Citizens can find information about getting involved in local emergency response efforts and other volunteer opportunities through the Web site or the toll-free line.

For more information on winter driving and PennDOT operations, visit www.penndot.gov/winter.

Follow regional PennDOT information on Twitter at www.twitter.com/511PaErie.

MEDIA CONTACT: Jill Harry, 814-678-5035

PennDOT News on Twitter

To receive PennDOT news via Twitter, visit:

http://twitter.com/PennDOTNews

Gas Price Complaints

From the Office of the PA Attorney General:

The Office of Attorney General wants any Pennsylvania consumer who believes that a retailer in our state has tried to take advantage of ANY emergency weather or natural disaster events to contact our office.

If you believe you that a gas station has illegally raised its prices, please complete the complaint form from the link below and return it to our Office or complete an online complaint form. Be sure to provide all relevant details including: the gas price and the grade of gasoline, the name and location of the retailer, and the time and date when you saw the price in place. If you purchased gas from the retailer, save your receipts and provide copies with your complaint. With your help, we can protect Pennsylvania consumers from price gouging.

Contacting the Attorney General’s Bureau of Consumer Protection

If you have exhausted your efforts to resolve a problem without success, we encourage you to file a formal complaint with the Attorney General Office as soon as possible.

Please note that we cannot give specific legal advice to individuals. If you have questions concerning the specific application or interpretation of the law, you should consult a private attorney. If you do not have an attorney you can call your county lawyer referral service or your county bar association. The Pennsylvania Bar Association, toll free 1-800-692-7375, or website, offers county lawyer referral offices. Other agencies may be accessed through the blue pages of your telephone directory.

Pennsylvania Attorney General Bureau of Consumer Protection:
Telephone Hotline: 1-800-441-2555

https://www.attorneygeneral.gov/Consumers/Bureau_of_Consumer_Protection/

On the left side of the Home page select > Submit a Complaint > and follow the prompts to choose and complete the complaint form that is required.

Pennsylvania Office of Attorney General
Strawberry Square
Harrisburg, PA  17120
717.787.3391

2017 Announcements for Gasoline

The EPA’s website provides a listing of recent announcements regarding Gasoline. You can view it at:

https://www.epa.gov/gasoline-standards/2017-announcements-gasoline

Distracted Driving Information

Anything that causes you to either take your attention away from driving, take your eyes off of the road or take your hands off of the wheel is a distraction.

Pennsylvania’s Texting-While-Driving Ban

The law prohibits as a primary offense any driver from using an Interactive Wireless Communication Device (IWCD) to send, read or write a text-based communication while his or her vehicle is in motion.

  • Defines an IWCD as a wireless phone, personal digital assistant, smartphone, portable or mobile computer or similar devices that can be used for texting, instant messaging, emailing or browsing the Internet.
  • Defines a text-based communication as a text message, instant message, email or other written communication composed or received on an IWCD.
  • Institutes a $50 fine for convictions under this section.
  • Makes clear that this law supersedes and preempts any local ordinances restricting the use of interactive wireless devices by drivers.

The penalty is a summary offense with a $50 fine, plus court costs and other fees.

The violation carries no points as a penalty and will not be recorded on the driver record for non-commercial drivers. It will be recorded on commercial drivers’ records as a non-sanction violation.

The texting ban does NOT include the use of a GPS device, a system or device that is physically or electronically integrated into the vehicle, or a communications device that is affixed to a mass transit vehicle, bus or school bus. The law does not authorize the seizure of an IWCD.

You will not be able to react as quickly if you are:

  • Eating, drinking and smoking. These all create safety problems because they often require you to take your hands off of the wheel and take your eyes off of the road. Drivers who eat or drink while driving have trouble controlling their vehicle, staying in their lane and have to brake more often.
  • Adjusting the radio, cassette or CD player.
  • Talking, texting or emailing on a cellphone or smartphone.
  • Interacting with other passengers. This is particularly a problem from novice or teenage drivers. If you are a teen driver with other teens as passengers, statistics show you are more likely to have a crash than if you are driving alone or are driving with adult passengers.
  • Searching for or moving an object in the vehicle.
  • Reading or writing.
  • Personal grooming (combing hair, applying makeup).
  • Rubbernecking when passing a crash scene or a work zone.
  • Looking at people, objects or events happening off of the roadway.

“Faces of Distracted Driving” is an online web series exploring the tragic consequences of texting and cellphone use while driving. You can watch the videos at www.distraction.gov.

More information on distracted driving is available on the National Highway Traffic Safety Administration’s distracted driving website.

Department of Transportation: PennDOT advises customers of REAL ID preparations.

Text of Nov. 29 press release.

REAL IDs will be available at the customer’s option in spring 2019

Harrisburg, PA – The Pennsylvania Department of Transportation (PennDOT) reminds customers that there are proactive steps that they can take now to help prepare for when REAL ID-compliant driver’s licenses and ID cards are available to customers who want them in spring 2019.

A federally accepted form of identification (whether it’s the forthcoming Pennsylvania REAL ID driver’s license or ID card, a U.S. Passport/Passport Card, a military ID, etc.) must be used as identification to board a commercial flight or visit a secure federal building on and after October 1, 2020.

“PennDOT is designing its REAL ID process to be as streamlined as possible, with customer convenience at the forefront,” said Secretary of Transportation Leslie S. Richards. “Between now and when REAL ID is available, I would encourage our 10.7 million driver’s license and identification card holders to consider whether REAL ID is right for them, and make sure their required documents are in order.”

If a customer decides that they do want a REAL ID, federal regulations require that to be issued a REAL ID-compliant product, PennDOT must verify the following documents:

• Proof of Identity (Original or certified copy of a birth certificate with a raised seal or valid U.S. Passport)
• Proof of Social Security Number (Social security card)
• Proof of all Legal Name Changes (Marriage license or court order issued by your county’s family court)
• Two Proofs of Current, Physical PA Address (Current, unexpired PA license or ID and a no more than 90-day-old bank statement or utility bill with the same name and address)

PennDOT strongly advises its customers to begin gathering the required documents as soon as possible, especially if they will need to obtain replacement documents. Some states may take up to six months to process duplicate birth certificates, so it is advisable to begin that process right away.

PennDOT has verified the legal presence (proof that the customer is either a U.S. citizen or that their presence in the U.S. is authorized under federal law) of all new customers when they obtain their first Pennsylvania driver’s license or ID card, and has kept imaged copies of the required identity documents on file as part of the customer’s record beginning September 2003. Because the documents that PennDOT requires to establish legal presence are the same as those required by the REAL ID regulations, PennDOT may already have documents on file for customers who received their first PA driver’s license or ID card after September 2003, approximately 35% of its total customers.

Beginning in March 2018, these customers will be able to visit PennDOT’s Driver and Vehicle Services website (or call PennDOT’s call center or visit an authorized agent for assistance) to request that PennDOT confirm the customer’s required documents are on file. If they are, PennDOT will mark the customer’s record as “verified,” and after REAL ID products are available in the spring of 2019, the customer can opt into the REAL ID program, pay the one-time fee, and their REAL ID product will be sent through the mail, eliminating any need for this customer visit a Driver License Center.

Most of PennDOT’s customers, however, received their initial product BEFORE September 2003, so PennDOT does not have their required REAL ID documents on file. Customers in this group who want a REAL ID will need to bring the required documents to a Driver’s License Center so they can be verified in person. Beginning in September 2018, PennDOT’s 71 Driver’s License Centers will be equipped to verify these documents.

Customers will pay a one-time fee of $30, plus a renewal fee (current renewal fee is $30.50 for a four-year non-commercial driver’s license or a photo ID). The expiration date of their initial REAL ID product will include any time remaining on their existing non-REAL ID product, plus an additional four years, unless the customer is over 65 and has a two-year license. This expiration date structure means that the customer won’t “lose” time that they’ve already paid for. After the initial REAL ID product expires, the customer will pay no additional fee, beyond regular renewal fees, to renew a REAL ID product.

When REAL IDs are available, customers will have two options for obtaining a REAL ID product: they can visit a PennDOT Driver’s License Center, have their documents verified and imaged, pay the one-time fee, and their REAL ID product will be mailed to them within 7-10 days; or they can visit one of up to 13 REAL ID Centers (five of which will be existing facilities retrofitted to DHS security standards for REAL ID issuance) and receive their REAL ID product over-the-counter at the time of service. PennDOT will be retrofitting five of its existing driver’s license centers to allow for over-the-counter issuance of REAL ID, and adding up to eight new locations.

Pennsylvania is currently under an enforcement extension from the Department of Homeland Security until October 10, 2018, and will continue to apply for extensions until becoming fully compliant with the REAL ID Act.

More information about REAL ID, including frequently asked questions, can be found at www.dmv.pa.gov.

Media contacts: Alexis Campbell, PennDOT, 717-787-0485

PennDOT Regional Offices

View a listing of PennDOT’s regional offices at:
http://www.penndot.gov/RegionalOffices/Pages/default.aspx

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